Congress can spare teenagers from sextortion by passing the TAKE IT DOWN Act
On July 27, 2022, my 17-year-old son Gavin took his own life due to sextortion. I had never heard of the crime previously. I had numerous parental controls on his phone, and yet a predator was able to reach my son while he was in his bedroom and attack him. Posing as a young woman online, criminals asked him for explicit pictures, then demanded money in exchange for not publicizing them.
As a father, I believe it is my job to protect our kids. Since Gavin took his life, I have been focused on continuing to use my voice to advocate, help victims, fight child online sexual abuse, and focus on teen mental health. Our children's safety is an issue that transcends party lines.
When I was elected to the South Carolina House of Representatives, shortly after Gavin’s death, I made it my mission to end sextortion in my state. After the people of South Carolina came together to overwhelmingly pass Gavin’s Law, which prosecutes those behind sextortion, I decided to turn my attention to the federal level.
Recently, elected representatives on both sides of the aisle rightly chose to put aside politics and come together to create a national standard to protect victims nationwide. The TAKE IT DOWN Act, a landmark bipartisan bill led by Sens. Ted Cruz (R-Texas) and Amy Klobuchar (D-Minn.) and Reps. Maria Salazar (R-Fla.) and Madeleine Dean (D-Pa.), would make do two things: criminalize the publication of non-consensual intimate imagery, including AI-generated (often referred to as “deepfake pornography”), and require social media and similar websites to have in place procedures to remove such content upon notification from a victim.
Recently, I watched from the Senate Gallery as Cruz requested unanimous consent to pass his bipartisan TAKE IT DOWN Act. I listened as he shared the tragic stories, including my family's, about teens victimized by AI-generated images and extorted for their intimate images, emphasizing the devastating impact on families nationwide. Cruz’s common-sense legislation addresses this growing issue with a tailored solution. The TAKE IT DOWN Act would criminalize publishing non-consensual intimate images, with penalties of up to three years in prison for images of minors and two years for adults. This includes computer-generated AI or “deepfake” images.
Notably, this is the only bill in Congress that requires a takedown provision, putting responsibility on tech companies by requiring them to remove non-consensual intimate images within 48 hours of being notified by a victim. The takedown provision is a game-changer for victims of this horrific crime. Victims, including those like my son who were extorted, would be able to notify social media sites and have the images removed, which would go a long way in stopping the spread of these images.
Victims of these crimes often suffer from mental health trauma from the fear that these images will stay online forever, which leads to severe stress, anxiety, depression, hopelessness and, sometimes, in my son's case, suicide. The TAKE IT DOWN Act provides relief by ensuring these images are taken down quickly.
With the advancement of generative AI, these crimes are increasing. From celebrities to middle schoolers, girls are being victimized by sexually explicit deepfake images, and boys like my son are falling victim to sextortion. The TAKE IT DOWN Act is a strong bipartisan bill that holds perpetrators accountable, provides justice for victims and protects our communities. It could not come at a more needed time.
As I am on a mission to help teens across the country seek out help from sextortion, Big Tech is more interested in turning profits than protecting our youth. Both adults and kids deserve the right to have non-consensual intimate images, real or fake, removed from a site. Because Big Tech won’t do it willingly, legislation is needed to force these companies to act. The mental stress, anxiety and outright shame these instances create can simply be prevented by this bill.
No family should have to endure the pain that my family has. While I can’t ever get my son back, what I can do is educate as many people as possible about these issues and use my voice to help save other future Gavins out there, and their families, from needless suffering. The U.S. Senate passed this critical legislation unanimously, and now the U.S. House must take action to send this legislation to the president’s desk for signature.
Rep. Brandon Guffey (R) is a member of the South Carolina House of Representatives, representing District 48. His oldest son, Gavin, killed himself after he became a victim of sextortion in 2022.
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